Legal Question in Criminal Law in West Virginia

The repurcussions of a False Claim of Second degree Sexual Asssault

The question is as follows: If a woman files a claim of 2nd degree sexual assault, And the defendent is later found innocent or is aquitted in a court of law. May the Defendent then sue for damages to his name under "defamation of character" or "Slander" charges? If not under these particular headings is it possible to sue through any other means?


Asked on 11/18/97, 6:53 pm

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

The repurcussions of a False Claim of Second degree Sexual

I'm not licensed in West Virginia, so it is possible West Virginia law might be somewhat different from the law in other states, and certainly if the person who was accused wants to file suit he needs to get a local attorney, BUT the general rule is that in a criminal case where the defendant is found not guilty, he can file suit for malicious prosecution if a private individual brought the charges.To win the suit for malicious prosecution you would have to show that it is more likely than not that you did not committ the crime you were charged with.The suit is not for slander or defamation, those are separate legal causes of action.

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Answered on 11/19/97, 12:28 am


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